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A BILL TO BE ENTITLED
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AN ACT
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relating to school district policies for the care of students at |
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risk for anaphylaxis. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.0151 to read as follows: |
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Sec. 38.0151. POLICIES FOR CARE OF STUDENTS AT RISK FOR |
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ANAPHYLAXIS. (a) The board of trustees of each school district |
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shall implement and administer a policy for the care of students at |
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risk for anaphylaxis based on guidelines developed by the |
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commissioner of state health services in consultation with an ad |
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hoc committee appointed by the commissioner of state health |
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services. |
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(b) The guidelines described by Subsection (a) do not |
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supersede a school district policy implemented before the |
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development of the guidelines to the extent the policy is |
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consistent with the guidelines. |
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(c) Not later than October 1, 2011, the commissioner of |
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state health services shall appoint members to an ad hoc committee |
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to consult with the commissioner of state health services on |
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developing guidelines for the care of students at risk for |
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anaphylaxis. The committee shall be composed as follows: |
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(1) not more than one representative from each of the |
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following entities: |
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(A) the Department of State Health Services; |
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(B) the Texas Education Agency; |
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(C) the Food Allergy Initiative; |
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(D) the Food Allergy & Anaphylaxis Network; and |
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(E) the Texas School Nurses Organization; |
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(2) not more than one physician member of the Texas |
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chapter of the American Academy of Allergy, Asthma & Immunology; |
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and |
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(3) at least two parents of public school students at |
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risk for anaphylaxis. |
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(d) Not later than December 31, 2011, the commissioner of |
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state health services shall, in consultation with the ad hoc |
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committee established under this section, develop guidelines for |
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the care of students at risk for anaphylaxis. |
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(e) Subsections (c) and (d) and this subsection expire June |
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1, 2012. |
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SECTION 2. Not later than May 1, 2012, the board of trustees |
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of each school district shall implement the policy for the care of |
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students at risk for anaphylaxis as required by Section 38.0151, |
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Education Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |